Amguard Insurance Co. v T K Engineering

MOTION FOR TERMINATING SANCTIONS

Calendar: 9

Case No: EC067240

Hearing Date: 3/8/19

Action Filed: 8/29/17

Trial: 5/6/19

MP: Plaintiff Amguard Insurance Company

RP: Defendants T K Engineering Co and Taehun Kang

BACKGROUND:

Plaintiff Amguard Insurance Company commenced this subrogation action against Defendants T K Engineering Co. and Taehun Kang, alleging that Defendants were negligent when operating a blow torch at 684 West Garvey Avenue, Monterey Park, CA 91754, which caused a fire and fire damage.

The complaint, filed August 29, 2017, alleges causes of action for: (1) general negligence; (2) strict liability; and (3) subrogation.

RELIEF REQUESTED:

Plaintiff moves for the Court for an order imposing terminating sanctions, striking, Defendants’ answer, and entering judgment in favor of Plaintiff. Alternatively, Plaintiff seeks issue, evidence sanctions, and/or monetary sanctions against Defendants.

DISCUSSION:

Relevant Procedural B